Theoretical And Empirical Research On The Construction Of The System Of International River Water Rights

With the development of the crisis of global freshwater resources, the basin countries of international rivers are fighting for rights to use water resource, which lead to contradictions and conflicts of water resources frequently and is a serious threat to the sustainable development of social economy, security and stability in the region. Of all kinds of contradictions in the development, utilization and protection of international rivers, water and water benefits distribution contradictions, hydropower development contradictions and ecological and environmental protection contradictions are the main contradictions at present. Investigate its germ, competitive utilization of international river water under the situations that water rights of international rivers are unknown is the root cause. Law of international rivers now embarked on "downplay sovereign, avoid water rights" development road. Emphasis on cooperation and sharing of benefits in the absence of criteria for the classification of rights and obligations cause basic principles of law of international rivers are lack of maneuverability, which weaken the guidance function of law of international rivers in developing and using. Law of international rivers is facing difficulties in solving the contradiction and conflict of international rivers. Therefore, paying attention to water rights of international rivers, defining clearly water rights, constructing the water rights system of international rivers is the key to solve the contradiction and conflicts in developing, using and protect international river water resources. It also is the way out of dilemma for the law of international rivers itself.Based on the idea of coordinated and sustainable utilization and protection of international rivers and from the perspective of comparative study of international river water rights and domestic water rights, this paper attempts to explore, develop and improve the water rights theory of international rivers. On the basis of definition of international river water rights, the paper analyzed the basic goals and principles of construction of the system of international river water rights and framework. The paper systematically constructed the initial allocation system, the exertion and circulation system and guarantee mechanism of international river water rights. These systems consist of a complete and independent operation system. The writer applied the research fruits to Lancang-Mekong River case so that the systems of international river water rights can play a role of theory guidance tool in the international river water rights negotiations with other neighboring countries in order to safeguard the interests of our country and establish the image of power.The paper take the construction of the international river water rights as the research core, the main research contents and conclusions are as follows: First, the realistic foundation of the construction of water rights system of international rivers. At present, the contradictions and conflicts of international rivers are mainly concentrated in the utilization and protection of water body. The trend of the law of international rivers that downplay sovereign and avoid water rights and the uncertainty of water rights of international rivers is the root cause the conflict and contradiction in the development and utilization the international river water resource. To define clearly water rights of international rivers and construct the systems of international river water rights is an effective way to solve the conflict and contradiction in developing, utilizing and protecting international rivers.Second, the basic theory of the construction of water rights system of international rivers.(1)The classical economics and environmental economics, including the theory of property rights,"the tragedy of the commons" theory, externality theory and Coase theorem provides a solution for the problem of public resources competition exploitation and environment pollution and ecological destruction. So they composed the foundation of economics of water rights system construction of international rivers.(2)The international water laws, focusing on the resources sovereignty, has experienced "the absolute territorial sovereignty" and "absolute territorial integrity theory","limited sovereignty theory" and "the coastal State Community Theory" four kinds of theories of evolution and development. The current international water laws are based on the "limited sovereignty" and "coastal country community theory". Its "downplays sovereign, avoid water" tendency caused international rivers disconnection of theory and practice, can’t solve the contradictions and conflicts of the international river water competitive use.(3)Domestic water rights originated in the domestic law and water rights of international rivers are different in the adjustment object, facing the main contradiction, applicable rules of law. Especially there is a fundamental difference in whether has the public power above water users that engagement in water-sharing. For legal system transplanting perspective, the domestic water rights system only can provide reference in water right system construction of international rivers, but cannot copy.(4)The construction of water right system of international rivers should to be guided by the theory of sustainable development. When develop and utilize water resources of international rivers the coastal states must maintain the good ecosystem and environment.Third, the general theory of the construction of water rights system of international rivers. The international river water rights should be defined as the nation’s common ownership of international river water body. The common ownership can be shared in portion. The value goals to construct the system of international river water rights is to reduce the conflict s and contradictions in developing, utilizing and protecting international river and promote cooperation, fairly and reasonably, efficiently and sustainably using. The basic principles that construction of the system of international river water rights should obey are the principle of national sovereignty, the principle of fairness and reasonableness, the principle of international cooperation, the principle of sustainable utilization, the principle of equality of rights and duties.Forth, the construction of international river water rights system. The part is the core contents of research and studied the construction of the allocation system of international river water rights, the construction of implementation and circulation system of international river water rights, the construction of safeguard system of international river water rights in turn. The allocation system of water rights of international rivers mainly research how to apply the multi-criteria decision analysis model to calculate the proportion of water rights allocation. The implement and exchange system of international river water rights mainly studies the contents of international river water rights under the different utilization form and the restriction of implement; the necessity of the construction of international river water resource using rights transfer system; the limitations of domestic circulation of water rights such as water bank and water market in international river water rights transference; discussion the applicability of the emission rights trading system in the international river; drawing a conclusion that benefit compensation principle should be as the main principle of international river water resource using rights transfer. The safeguard system of international river water rights researched and constructed the cooperation mechanism of international river water rights, compliance mechanism of international river water rights, waters right dispute settlement mechanism.Fifth, the empirical study of the construction of Lancang-Mekong River water rights system. Selected six level factor indexes that influence the fairness of Lancang-Mekong River water resource allocation and used of multi criteria decision analysis model of initial allocationof water rights, gets the water rights allocation proportion of six basin coutries of Lancang Mekong River. The allocation proportion of country of China, Burma, Kampuchea, Laos, Vietnam and Thailand are15.41%,3.34%,18.29,24.41%,17.21%,22.33%in turn. On the base put forward the ideas of Lancang-Mekong River water rights management and cooperation. At last, offered some suggestions to Chinese water rights strategy of Lancang-Mekong River.